This is a case U/S 12 of the C. P. Act, 1986 for an order directing the O.P. to return back three numbers of LIC Deed (which were submitted as security documents at the time of sanction of loan) along with “all due clearance certificate”, Rs.50,000/- as compensation for harassment, Rs.20,000/- as compensation for mental pain and agony and Rs.10,000/- as litigation cost to the complainant.
The case of the complainant in short is that the complainant being a borrower took loan from the O.P./Bank by way of deposing three LIC Deeds, amounting of Rs.50,000/- on 28.02.2004. Thereafter he repaid some loan amount but he became defaulter. Ultimately, Hon’ble National Lok Adalat which was held on 23.11.2011 at Raiganj, Uttar Dinajpur settled their dispute between the complainant and the O.Ps. on consent of both sides with a direction to the complainant to pay only Rs.12,000/- out of total due loan amount, in cash to the O.P./bank and total amount Rs. 12,000/-should be repaid as follows i.e. Rs. 2,000/- on spot on 23.11.2011 and rest of Rs.10,000/- pay with ten equal installments from 7th day of next of each subsequent months in favour of the O.P./Bank. The complainant complied the above order of the Hon’ble Lok Adalat in full on 02.09.2014 by repaying the last installment and then and then submitted all deposit slips along with the copy of the order of the Hon’ble Lok Adalat before the O.P./Bank. Thereafter, he demanded to return back of his all documents which were submitted at the time of sanction of loan along with “all due clearance certificate” from the O.P./Bank and for collecting the same he met O.P. in several times, lastly sent one legal notice to collect the said documents, but in vain. So, finding no other alternative to get the relief the complainant has filed this case before this Forum.
On the other hand, the O.P./Bank by filing W.V. has contested this case denying all the material allegations against it, made by the complainant. Its specific case is that the O.P./Bank could not return back the complainant’s above mentioned documents as because they have no power to released any security documents or issued “all due clearance certificate” in favour of the borrower unless and until the permission will be given by the higher authority of O.P.. So, as per the O.P.s version, by issuing a letter on 20.09.2014 the O.P. seek permission for written off the balance amount of Rs.8797/-/from its Higher Authority and after three months later on 29.12.2014 the higher Authority approved and sanction the same. So, they have never made any deficiency in service in respect of the case rather the O.P./ Bank stated that at any time this O.P. wants to return back those documents and to settle the above dispute with the complainant with proper receipt, if the necessary order will be passed by this Forum. So, the O.P./Bank prayed for quashing this complaint with necessary order.
To establish their case both parties have filed some documents and the complainant filed an affidavit-in-chief sworn by the complainant as P.W.1. The P.W.1 also examined and cross examined by the Ld. Lawyers of both sides.
DECISIONS WITH REASONS
Giving due consideration to the contents of the petition of complaint, W.V., documentary evidence on record, oral evidence and hearing advanced by the Ld. Lawyer of both sides, the Ld. Forum has come to the findings as follows: -
It is admitted fact that as a borrower the complainant took loan amounting of Rs.50,000/- from the O.P./Bank on 28.02.2004 by way of deposing one LIC Deed and the cross examination of the complainant also supported the above statement that the complainant deposited only one LIC Deed before the O.P./ Bank at the time of sanction of loan. Thereafter, the complainant had repaid some loan amount but he became defaulter and ultimately as per direction of the Hon’ble Lok Adalat which was held on 23.11.2011 at Raiganj, the complainant had repaid the total loan amount of Rs.12,000/- by some installments in full to the O.P./Bank on 02.09.2014. After compliance the order in full of the Hon’ble Lok Adalat, the complainant demanded the “all due clearance certificate” regarding the full repayment of the said loan along with other documents as he deposited at the time of sanction of the loan from the O.P./Bank, but the O.P. did not return those documents as demanded by the complainant at that time.
In this case O.P. Nos. 1 and 2 of the same Bank and parts and parcels and the W.V. filed on behalf of both the O.Ps. as it is considered. The O.P. stated in its W.V. that as per the Hon’ble Lok Adalat’s order though the complainant has made repayment his last installment on 02.09.2014 yet after complying the Hon’ble Lok Adalat’s order the complainants Bank account showed as the due loan amount Rs. 8,797/- at that time. So, the O.P./Bank within that month on 20.09.2014 seek permission for written off the due balance amount that is Rs.8797/-from their higher authority as because the O.P. clearly stated that they have no power to release any security document in favour of the borrower unless and until the said amount being written off by its competent authority and lastly the said authority sanctioned and approved the said write off amounting Rs.8797/- by issuing a letter dated 29.12.2014 in favour of their O.P./Bank. The document, letter dated 29.12.2014 has been filed by the O.P. in this case is supported the above statement of the O.P./Bank as mentioned in its W.V.
But it has been revealed from the record that both the Branch Office and the Regional Office of the O.P./Bank are situated in the same town at Raiganj yet the Regional Office of the O.P./Bank took much time i.e. from 20.09.2014 to 29.12.2014 more than three (3) months for issuing the approval letter to its branch office. Even there is no any evidence in the record which shows that O.P./Bank took any initiative in the meantime for speedy disposal of the above matter and the O.P. informed the matter to the complainant within that period without any explanation as to why they could not return back those documents within time. So, it is clear from the above discussion that there is negligence on the part of the O.P./Bank is proved. Moreover in this case all the papers submitted by the complainant are sufficient to make a favourable case in his favour.
Thus the case succeeds.
Fees paid are correct.
Hence, it is
ORDERED,
That the complaint case No. CC - 108/2014 be and the same is allowed on contest against the O.P./Bank without cost.
That the complainant do get an award directing the O.P./bank to return the LIC Deed which complainant submitted to the custody of the O.P./Bank as security document at the time of sanction of loan, the O.P. /-Bank is further directed to give “all due clearance certificate” regarding the said loan, to pay Rs.1,000/- as compensation for harassment, mental pain and agony and Rs.1,000/- as litigation cost to the complainant within one month from the date of this order, failing which the total awarded amount will carry interest @ 9% per annum from this day up to the date of full realization and complainant will be at liberty to put this order in execution in accordance with law.
Copy of this order be supplied to each parties free of cost.
